SC ST Act Notes: MP ADPO: Rajasthan APO: Bihar APO: RJS: Judiciary Examination

 THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989

Act No. 33 of 1989

Total chapter- V                                          Total Section-23

Date of Assent- 11^th September, 1989          Date of Enforcment-20/01/1990

It Extends to the whole of India       Power to make Rule -CG (Sec. 23)

Chapter-I Section 1-2 (1 Short title and 2 Definitions)

Sec. 2 : Definitions:

2(a) atrocity Means offence Punishable u/s 3

2(bb) Dependent:  Spouse, Children, Parents, Brother and Sister of Victim.

2(bc) Economic Boycott

2(bd) Exclusive Special Court (as define u/s 14)

2(d) Special Court

2(e) Special Public Prosecutor: who has been in practice 7 year u/s 15

2(eb) Social Boycott
2(ec) “victim” who has suffered or experienced physical mental, psychological, emotional or monetary harm or harm to his property (includes his relatives, legal guardian and legal heirs)

2(ed) witness:

Chapter: II Offence of Atrocities

3. Punishments for Offences Atrocities: 3(1) (a-zc)- shall not be less than six month but which may extend to five year and with fine.)

3(2) (i-vii) different punishment provided for giving or fabricating false evidences.

4. Punishment for neglect of duties (Public servant not being a member of Sc St)

5. Enhanced punishment subsequent conviction: (not less than one year which may extend to the punishment provided for that offence)

6. Application of IPC:( 34, Chapter III, IV, V, VA 149 C, XXII

7. forfeiture of property of certain person: (Movable or immovable used for commission of that offence) 7(2) special court shall also attach property during the trial movable or immovable property.

8. Presumption as to offence:

9. Conferment of Powers: State Government may by notification in official gazette appoint any officer of the statement to exercise power as it was exercisable by police.  

Chapter-III section 10 to 13

10. Removal of person likely to commit offence: special court is satisfied upon complaint or police report that a person is likely to commit offence u/c II in any area includes scheduled area or tribal area (refered u/a 244 COI) by order in writing direct such person to remove himself beyond limit of such area by such rout and within such time as specified in order (not exceeding three year)

10(2) communicate such person along with order grounds on which such order has been made.

10(3) Special Court revoke or modify (representation made by person within  Thirty days)  from date of order.

11. procedure on failure of person to remove himself from area and enter thereon after removal.

11(1) Special court may cause him to be arrested and removed in police custody to such place oust side such area.

(2) permission to temporary period visit (3) may revoke such permission

12. taking measurements and photographs, etc., of persons against whom order undersection 10 is made.

(2) shall be law to use all necessary means to secure the taking of photographs etc.

(3) resistance or refusal (shall be deemed be offence u/s 186 IPC)

13. penalty for non compliance of order under section 10: May imprisonment for a term which may extend to one year and fine.

Chapter IV Special Court( Section 14, 14A and 15

14⁽²⁰¹⁶.Spcial Court and Exclusive special Court: For speedy trial SG shall with Concurrence of CJ of HC By Notification in Official Gazatte Establish exclusive special court for one or more districts:

14A Appeal: An Appeal shall lie, from any judgment, sentence or order, not being interlocutory order, of a special or exclusive special court to the High Court on fact and law.

14A(2) appeal shall lie to high court against an order granting or refusing bail.

14A(3) every appeal under this section shall be preferred within a period of ninety days from date of judgment.

Provided that HC may entertain after expiry period if sufficient cause is shown.

Provided that no appeal shall be entertained after expiry of one hundred and eighty days.

14A(4). Every appeal preferred u/ss (1) shall be disposed of within a period of three months date of admission of appeal.

15. special Public Prosecutor and Exclusive Public Prosecutor:  Every SC SG shall by Notification in OG specify a public prosecutor or appoint an advocate who has been in practice as an advocate not less than seven year. Same for ESPP

Chapter IVA Right of Victims and Witnesses section 15A

Chapter V Miscellaneous 16 to 23

16. power of state Government to impose collective fine.

17. Preventive action to be taken by the law and order Machinery: DM SDM, EM or police office not below the rant of DSP.

18. Section 438 of the code not to apply to persons committing an offence under this act.

18A. no enquiry or approval required: for the registration of FIR

19. Section 360 of the code or the provision of Probation of Offenders Act not to apply to persons guilty of an offence under this Act.

20. Act to override other law.

21. Duty of Government ot ensure effective implementation of the Act.

 

22. Protection of action taken in good faith.

23. Power to make Rules: Central Government.